AB 2160: Crime victims: compensation for pecuniary loss.
- Session Year: 2015-2016
- House: Assembly
Existing law governs the procedure by which crime victims may obtain compensation from the Restitution Fund, a continuously appropriated fund. Existing law establishes eligibility for compensation when prescribed requirements are met and authorizes the California Victim Compensation and Government Claims Board to grant compensation from the fund for pecuniary loss when the board determines it will best aid the person seeking compensation, including expenses for psychiatric, psychological, or other mental health counseling-related services if the services were provided by specific individuals. Existing law establishes requirements and sets specific monetary caps for certain payments or reimbursements relating to relocation. Existing law governs the award of compensation by the board for loss of income and support.
This bill would expand eligibility for compensation to include a victim or derivative victim that sustained emotional injury as a direct result of specific crimes relating to obscene matter. The bill would authorize the grant of compensation for expenses for psychiatric, psychological, or other mental health counseling-related services if the services were provided by a person who is licensed by the state to provide those services, or who is properly supervised by a person who is so licensed, subject to the boards approval and subject to limitations and restrictions as imposed by the board. The bill would revise eligibility for relocation reimbursement or payments and increase monetary caps. The bill would revise those loss of income and support provisions to additionally authorize the grant of compensation for specific costs incurred by victims.
Existing law requires that an application for compensation based on any of specified crimes involving sex with a minor be filed any time prior to the victims 28th birthday.
The bill would instead require that the application be filed anytime prior to the victims 40th birthday for crimes committed by certain dates, as specified, and be filed within 10 years after commission for all other crimes.
Existing law requires a victim or derivative victim seeking compensation to have sustained one or more specified physical or emotional injuries, or pecuniary losses, as a direct result of the crime.
Existing law includes among those injuries emotional injury to a victim who is a minor incurred as a direct result of the nonconsensual distribution of pictures or video of sexual conduct in which the minor appears.
This bill would delete this provision and instead would include among the compensable injuries emotional injury that occurred due to a violation of provisions prohibiting intentional distribution of certain specified private images of another person, as specified.
Existing law, until January 1, 2017, authorizes the board to grant from the fund for pecuniary losses, as specified, reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim. Existing law specifically authorizes the board to reimburse a victim of statutory rape for outpatient mental health counseling expenses, up to a specified amount.
The bill would repeal the January 1, 2017, repeal date, thereby extending the boards authority to grant reimbursement for those outpatient mental health counseling-related expenses indefinitely. The bill would remove the boards specific authorization to reimburse a victim of statutory rape for outpatient mental health counseling expenses.
By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. Because an application for reimbursement is required to be submitted under penalty of perjury, this bill would expand the definition of a crime and thus impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Discussed in Hearing
3MIN